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Do not Store Used Machines That Contain Radioactive before Having This Permit

Do not Store Used Machines That Contain Radioactive before Having This Permit

Do not Store Used Machines That Contain Radioactive before Having This Permit

Even though machines containing radioactivity are no longer used, to be able to store these machines requires permission from the Nuclear Energy Regulatory Agency (BAPETEN)

In the last 100 years nuclear is considered as a discovery that brings great benefits to humans but on the other hand is also considered as a frightening discovery. Surely, it’s still pertain our memories of how the damage caused by the atomic bomb that hit Hiroshima and Nagasaki 76 years ago.

Therefore, the nuclear industry transformed into a high-regulated industry in its development. In rational, nuclear utilization certainly uses materials or machines that are sophisticated and complex. Thus naturally, even though the equipment, machinery and other components are made of strong and sophisticated materials, it still has a limited lifespan.

Regarding the storage of objects containing radioactive substances, for example, used machines of nuclear installations that were previously used and in contact with radioactive substances. Are there permits for storing these machines even if they are not used?

All activities related to radioactive substances are vulnerable and dangerous activities. Therefore, strict management and supervision is necessary, that is why licensing is needed to be able to perform such activities.

Used Machines that Contain Radioactive Substances

In regard of used machines that contain radioactive substances, referring to Article 1 paragraph (8) of Law Number 10 of 1997 Concerning Nuclear Power (“Law 10/1997”) is stated as follows:

“Radioactive waste is radioactive substances and materials and equipment that have been exposed to radioactive substances or become radioactive due to the operation of nuclear installations that cannot be further used”

Under the provision above, we can conclude that all equipment which has been exposed to radioactive substances or has become radioactive because the operation of nuclear installations is considered as radioactive waste.

Hence, in relation to used machines that contain radioactivity, the elements in Article 1 paragraph (8) of Law 10/1997 has been met, which as follows:

  1. the used machinery is a radioactive equipment;
  2. that has been used for the operation of a nuclear installations; and
  3. it cannot be further used.

It can be concluded, that is, used nuclear installation machines, which contains radioactivity, is considered as radioactive waste and therefore requires special treatments and permissions under BAPETEN.

Storage of Used Machines Containing Radioactive

Referring to Article 1 paragraph (1) of Government Regulation Number 61 of 2013 regarding Radioactive Waste Management (“PP 61/2013”) which states:

“Radioactive Waste Management is the collection, categorization, processing, transportation, storage and/or disposal of Radioactive Waste.”

Radioactive waste storage is classified as management of radioactive waste. Hence, the storage of used machines containing radioactive substances is a radioactive waste management activity.

Furthermore, referring to Article 4 letter j Government Regulation No. 29/2008 regarding Permission Ionizing Radiation Sources and Nuclear Materials Utilization (“PP 29/2008”) basically it states that the management of radioactive waste is classified as the ionizing radiation sources utilization group A .

Therefore, under the two Regulations above (PP 61/2013 & PP 29/2008) we know that the storage of used machines containing radioactive is the activity of utilizing ionizing radiation sources and therefore to be able to carry out such activities, permission established by the Government is a requirement.

Who Can Manage Radioactive Waste?

Basically, radioactive waste management is an obligation of the radioactive waste producers themselves. However, given the vulnerability and danger of radioactive waste, then referring to Article 1 paragraph (3) PP 61/2013, the government plays an active role in managing radioactive waste.

Furthermore, radioactive waste management according to Article 5 PP 29/2008 can be carried out by:

  1. Non-commercially by the National Nuclear Energy Agency (BATAN)
  2. Commercially by State Owned Enterprise (SOE), Cooperatives and/or private entities that work together with or appointed by BATAN.

Hence, based on the description above, it can be concluded that the the storage of radioactive-containing machines can be carried out by BATAN and Private Companies/Cooperatives/SOE appointed by BATAN or entities that have the permission to use sources of ionizing radiation and nuclear materials.

Permission for Utilization of Ionizing Radiation Sources

Referring to Article 10 of PP 29/2008 it is stated that “Every person or entities that will carry out Utilization of Ionizing Radiation Sources and Nuclear Materials must have permission from the Head of BAPETEN”. Therefore, companies that will carry out storage of machines containing radioactive must have a permit issued by the Head of BAPETEN.

Also Read: The Requirements to Obtain Circular Permit from BPOM

In order to obtain the permit referred to Article 11 PP 29/2008, the person or entities must submit an application to BAPETEN on condition that it meets the following requirements:

  1. Administrative Requirements;
  2. Technical Requirements;
  3. Specific Requirements (whenever necessary).

If the applicant has completed the above requirements, then the Head of BAPETEN will evaluate the permit requirements document which is carried out for 15 working days from the date the requirement document is declared complete. Furthermore, if the results of the assessment of the required documents are declared to meet the requirements within 7 working days, the head of BAPETEN will issue the permit.

Conclusion

Regarding the storage of used machines containing radioactive, in order to be able to store of such machines, even though the machines are no longer used, a permit issued by BAPETEN is needed. The person or entities that can carry out these activities are BATAN, SOE, Cooperatives or business entities that are appointed or given permission to store radioactive waste.

 

Author: Muhammad Iqra Bilmaruf S.H.

If you want to have a legal consultation please contact us via email ask@bplawyers.co.id or 082112341235.

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